{"id":"family-provision-regulations-2013","name":"Family Provision Regulations 2013","slug":"family-provision-regulations-2013","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176647,"registerId":"wa-family-provision-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Provision Regulations 2013","content":"![Crest]()Western Australia\n\nFamily Provision Act 1972\n\nFamily Provision Regulations 2013\n\nWestern Australia\n\nFamily Provision Regulations 2013\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Minimum value of property deceased derives from stepchild’s parent for stepchild to make claim 1\n\nNotes\n\nCompilation table 2\n\n  \n\nWestern Australia\n\nFamily Provision Act 1972\n\nFamily Provision Regulations 2013\n\n##### 1. Citation\n\n\t\tThese regulations are the *Family Provision Regulations 2013* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) regulation 3 — when the *Inheritance (Family and Dependants Provision) Amendment Act 2011* section 9(1)(b) comes into operation.\n\n##### 3. Minimum value of property deceased derives from stepchild’s parent for stepchild to make claim\n\nThe amount prescribed for the purposes of section 7(1)(eb) of the Act is $517 000.\n\n[Regulation 3 amended: Gazette 15 May 2015 p. 1729.]\n\nNotes\n\n1 This is a compilation of the *Family Provision Regulations 2013* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Family Provision Regulations 2013* | 15 Jan 2013 p. 80 | r. 1 and 2: 15 Jan 2013 (see r. 2(a));   Regulation 3: 16 Jan 2013 (see r. 2(b) and *Gazette* 15 Jan 2013 p. 79) |\n| *Family Provision Amendment Regulations 2015* | 15 May 2015 p. 1728‑9 | r. 1 and 2: 15 May 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 16 May 2015 (see r. 2(b)) |\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain the same functional scope—prescribing a minimum property value for stepchild claims—since enactment. The 2015 amendment altered only the numeric amount in regulation 3 (to $517,000) and did not expand or contract the class of persons covered or the statutory test in s 7(1)(eb)."},"complexity_factors":["Single substantive provision: one numeric threshold (regulation 3) keeps text short and focused.","Cross-reference dependency: meaning and operation depend on interpretation of section 7(1)(eb) of the Act.","Numeric value subject to change: amount has been amended (2015), so maintaining currency requires tracking amendments.","Valuation and evidentiary demands: applying the threshold requires factual valuation of what the deceased ‘derived’ from the parent, which can produce disputes.","Commencement staging: different commencement dates for regulations and amendments add minor procedural timing complexity.","Limited discretion: regulation prescribes a fixed amount rather than criteria, reducing interpretive discretion but shifting complexity to implementation."],"plain_english_summary":"This regulation sets a monetary eligibility threshold: a stepchild may only bring a family provision claim under section 7(1)(eb) of the Family Provision Act 1972 if the deceased derived at least $517,000 from the stepchild’s parent. It affects stepchildren and estate administrators by narrowing who can commence a claim and by requiring precise valuation of the relevant property. The stated purpose is to define eligibility; that creates clear rules but also imposes valuation and administrative compliance costs."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404-style error","Analysis is impossible without access to the actual text of the regulations","Complexity score defaulted to 1 solely due to absence of content, not an assessment of the law itself"],"plain_english_summary":"The Family Provision Regulations 2013 (WA) are subordinate legislation tied to Western Australia's family provision law. They likely set out the procedural and administrative rules—things like forms, fees and timeframes—that govern how eligible people (spouses, children or other dependants) can bring claims against a deceased person’s estate.\n\nThey affect potential claimants, executors and courts by shaping how family provision applications are made and processed, so they matter for access to and administration of estate claims."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: setting a monetary threshold for stepchild claims. The 2015 amendment simply updated the dollar amount, which is the expected function of this instrument."},"complexity_factors":["Only 3 regulations total","No defined terms section","Single substantive provision (regulation 3) containing one numerical value","No cross-references except to the parent Act (section 7(1)(eb))","No conditional logic, exceptions, or procedural requirements","Total length under 500 words"],"plain_english_summary":"**What this is:** These are regulations made under Western Australia's Family Provision Act 1972. They set a single, specific dollar amount that determines when a stepchild can claim a share of a deceased person's estate.\n\n**Who it affects:**\n- **Stepchildren** who want to challenge a will or claim provision from a deceased step-parent's estate\n- **Deceased estates** where the deceased received property from their spouse/partner (the stepchild's parent)\n\n**What it does:**\nThe regulations set a **threshold amount of $517,000**. Here's how it works:\n- A stepchild can only make a claim against their step-parent's estate if the step-parent received **at least $517,000 worth of property** from the stepchild's parent (this usually happens when the parent dies first and leaves assets to their spouse)\n- If the step-parent received less than this amount from the stepchild's parent, the stepchild generally cannot claim under the Act\n\n**Why it matters:**\nThis creates a financial gatekeeper rule. It prevents stepchildren from making claims against step-parents who only inherited modest amounts from the stepchild's parent. The $517,000 figure was updated in 2015 (it was presumably lower before).\n\n**Key point:** This is a very short, technical regulation that does one thing — it updates a dollar threshold in the main Act."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/family-provision-regulations-2013","history":"/api/acts/family-provision-regulations-2013/history","analysis":"/api/acts/family-provision-regulations-2013/analysis","conflicts":"/api/acts/family-provision-regulations-2013/conflicts","importantCases":"/api/acts/family-provision-regulations-2013/important-cases","documents":"/api/acts/family-provision-regulations-2013/documents"}}